Bill Text: OR HB3327 | 2011 | Regular Session | Introduced
Bill Title: Relating to the siting of aggregate mines.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3327 Detail]
Download: Oregon-2011-HB3327-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3453
House Bill 3327
Sponsored by Representative SCHAUFLER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Governor and State Department of Geology and Mineral
Industries to expedite site review for sites of aggregate mines
that are significant aggregate resources. Authorizes local
governments to opt out of expedited site review within
jurisdictional boundaries of local government.
A BILL FOR AN ACT
Relating to the siting of aggregate mines.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2011 Act:
(1) 'Public body' has the meaning given that term in ORS
174.109.
(2) 'Significant aggregate resource' means the site of a mine
that has at least five million tons of aggregate meeting or
exceeding quality standards for base rock established by rule of
the State Department of Geology and Mineral Industries. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) Aggregate is an important statewide resource; and
(2) The state's interest is served by having an affordable,
readily available supply of high quality aggregate necessary to
the state's economic development and recovery. + }
SECTION 3. { + (1) The State Department of Geology and Mineral
Industries shall:
(a) Establish criteria and standards, by rule, for determining
whether to categorize the site of an aggregate mine as a
significant aggregate resource; and
(b) When presented with an application to approve siting an
aggregate mine, apply the criteria and standards to determine
whether the site of the aggregate mine is a significant aggregate
resource entitled to expedited site review under sections 1 to 5
of this 2011 Act.
(2) The department shall consult with other state agencies as
necessary to implement sections 1 to 5 of this 2011 Act.
(3) The department may enter into agreements with local
governments authorized to issue discretionary permits, licenses
or certificates for mining aggregate to act on behalf of the
permitting, licensing or certifying authority for the purpose of
issuing a permit, license or certificate for a significant
aggregate resource.
(4) The governing body of a local government may elect, by
ordinance or resolution, to reject the implementation of
expedited site review pursuant to sections 1 to 5 of this 2011
Act within the jurisdictional boundaries of the local
government. + }
SECTION 4. { + (1) In lieu of filing an application for a
discretionary permit under ORS 215.402 to 215.438 or 227.160 to
227.186, a person may file an application for expedited site
review of a proposed site for an aggregate mine that the
applicant considers qualified to be categorized as a significant
aggregate resource.
(2) Within 180 days after receiving an application under this
section, the State Department of Geology and Mineral Industries
shall hold a public hearing within the region in which the site
of the aggregate mine is located to take testimony regarding the
site's significance, reclamation and operating conditions.
(3) At least 10 days before the public hearing required by
subsection (2) of this section, the department shall make the
application available for public review.
(4) During the public hearing, a person may submit oral or
written comments on the site of the aggregate mine, including
comments on the site's significance, reclamation or operating
conditions.
(5) If operating conditions are proposed by public comment
during the public hearing, each proposed operating condition must
be:
(a) Stated separately in writing; and
(b) Supported by a statement of need or reasoning.
(6) The department shall hold the record open for 45 days after
the date of the public hearing to receive additional public
comment.
(7) Within 30 days after the department closes the record, the
applicant may respond in writing to the public comments and
proposed operating conditions received by the department. The
applicant's response must address each comment or proposed
operating condition separately and include the applicant's
reasons for approving or disapproving of the comment or proposed
operating condition.
(8) Within 45 days after the department closes the record or
the applicant submits a written response under subsection (7) of
this section, whichever is later, the department shall:
(a) Make a determination whether to categorize the site of the
aggregate mine as a significant aggregate resource qualified for
expedited site review; and
(b) If the site is a significant aggregate resource, draft
proposed reclamation standards and conditions for operation. The
determination and the proposed standards and conditions must be
supported by findings in writing that address each comment
discussed in the public hearing and discussed by the applicant.
(9) Notwithstanding subsections (2) to (8) of this section, the
department is not required to hold a public hearing before
disapproving expedited site review for the site of an aggregate
mine when it is apparent on the face of the application that the
site is not a significant aggregate resource.
(10) Upon making a determination under subsection (8) or (9) of
this section and drafting proposed standards and conditions, if
necessary, the department shall notify the Governor and make all
appropriate documents and materials available for review by the
Governor.
(11) Within 30 days after receiving notification under
subsection (10) of this section, the Governor shall:
(a) Approve the site of the aggregate mine and the proposed
reclamation standards and proposed operating conditions and issue
a site permit for the aggregate mine;
(b) Approve the site of the aggregate mine, but refer the
proposed reclamation standards or proposed operating conditions
back to the department with written suggestions for changes; or
(c) Disapprove the site of the aggregate mine.
(12) Issuance of a site permit by the Governor for an aggregate
mine under this section binds public bodies as to the approval of
the site and the operation of an aggregate mine that is a
significant aggregate resource. Public bodies shall:
(a) Issue the permits, licenses and certificates required for
the construction and operation of the aggregate mine;
(b) Enter into intergovernmental agreements as necessary for
construction and operation of the aggregate mine; and
(c) Subject to the provisions of this section, exercise
enforcement authority over all permits, licenses and certificates
issued by the public body. + }
SECTION 5. { + (1) Notwithstanding ORS 183.400, 183.482,
183.484 and 197.825 or any other law, exclusive jurisdiction is
conferred upon the Supreme Court for judicial review of expedited
site review decisions for sites of aggregate mines made under
sections 1 to 5 of this 2011 Act.
(2) Proceedings for judicial review shall be instituted when an
adversely affected person or local government files a petition
with the Supreme Court:
(a) Within 21 days after issuance of the specific decision on
which the petition is based.
(b) That states the nature of the decision the petitioner
desires reviewed, states in what manner the decision below
rejected the position raised by the petitioner below and states,
by supporting affidavit, the facts showing how the petitioner is
adversely affected.
(3) For purposes of judicial review of a siting decision under
sections 1 to 5 of this 2011 Act, the petitioner is adversely
affected if the petitioner can establish by clear and convincing
evidence in the affidavit that the petitioner:
(a) Participated before the department;
(b) Will be within sight or sound of the site of the aggregate
mine or is affected economically in excess of $5,000 in value;
and
(c) Proposed conditions pursuant to section 3 of this 2011 Act
that were not implemented by the department and the Governor.
(4) The petitioner shall serve a copy of the petition by
registered or certified mail upon the department and the Attorney
General.
(5) Within 30 days after service of the petition, the
department shall transmit to the Supreme Court, or a special
master designated by the Supreme Court, the original or a
certified copy of the entire record and any findings that may
have been made. The court shall not substitute its judgment for
that of the Governor or the department as to any issue of fact or
issue within executive branch discretion.
(6) If the petition is for review of a decision made by the
department, the record must include only:
(a) The determination and findings of the department.
(b) The proposed operating conditions for the site of the
aggregate mine.
(c) The proposed reclamation standards established for the site
of the aggregate mine.
(d) The transcript of the public hearing before the department.
(e) Evidence submitted by the petitioner to the department.
(7) On the motion of any party to the judicial review, the
Supreme Court may supplement the record with additional materials
from the public hearing before the department.
(8) On motion of the department, the Supreme Court may limit
the transcript to those matters in which the petitioner is
interested based on the issues raised in the petition pursuant to
subsection (2)(b) of this section.
(9) Upon review, the Supreme Court may reverse or remand the
decision if the Supreme Court concludes that the Governor or the
department:
(a) Exceeded the statutory or constitutional authority of the
decision maker;
(b) Made a decision based on findings that are not supported by
substantial evidence in the record as described in ORS 183.482
(8)(c); or
(c) Did not implement a proposed operating condition submitted
during public testimony without providing the reasons for
refusing the proposed operating condition. + }
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